Terms Of Service

These terms and conditions (“Terms“) govern your access to and use of the Recommend website, apps, APIs, and widgets (“Recommend” or the “Service”). Where applicable, these Terms will differentiate between users registered as customers, users registered as merchants and users registered as content creators (all together hereinafter: User/Users). By accessing or using Recommend, you agree to be bound by these Terms, our Privacy Policy , our Cookies Policy , and our Community Code. Recommend, Inc., a corporation organized under the laws of the state of Delaware, United States of America, with registration number 588005 and its registered office at 651 N Broad St Suite 206, Middletown, New Castle, Delaware, United States of America (“Recommend”) is the owner and operator of the website and a contractual partner to the user.

1.1. In addition to these Terms, Recommend may agree on further terms and conditions with users. In that case, the provisions of the specially agreed terms and conditions shall prevail.

1.2. In particular, consent to additional agreements or licenses for the use of certain features or software may be requested, provided that such agreements or licenses are legal and the consent is reasonable for the User.

1.3. Terms and conditions regarding the website that deviate from them and / or that are in any other way contradictory, Recommend expressly rejects, including the provision of services in individual cases, without the user objecting to the terms.

1.4. The descriptions of Recommend services on the website, apps, APIs, and widgets and in comparable promotional materials do not constitute any warranty or guarantee as to their nature, nor any other type of warranty.

2.1. You may use Recommend only if you can legally form a binding contract with Recommend, and only in compliance with these Terms and all applicable laws. When you create your Recommend account, you must provide us with accurate and complete information. You can’t use Recommend if it would be prohibited by U.S. sanctions. Any use or access by anyone under the age of 13 is not allowed. If you’re based in the European Economic Area (hereinafter: EEA), you may only use Recommend if you are over the age at which you can provide consent to data processing under the laws of your country. Using Recommend may include downloading software to your computer, phone, tablet, or other device. You agree that we may automatically update that software, and these Terms will apply to any updates.

2.2. Recommend reserves the right to require users to properly confirm these terms.

2.3. Subject to these Terms and our policies (including our Community Code), we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Service.

2.4. For the purposes of these Terms, a user registered as a customer is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business, or profession.

2.5. If you want to use Recommend for commercial purposes (“users registered as merchants”) you must create a business account and agree to our Business Terms & Conditions. If you do open an account for a company, organization, or other entity, then "you" includes you and that entity, and you promise that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms and that you agree to these Terms on the entity's behalf. A user registered as a merchant can be a natural or legal person or a legally responsible partnership that performs its commercial or independent professional activity when concluding legal transactions.

2.6. If you're a content creator and you want to use Recommend for commercial purposes, you'll need to create a content creator account and agree to our Content Creator Terms & Conditions. If you create an account as a content creator, then "you" refers to both you and the brand as a content creator, and you promise that you have the authority to grant all necessary permissions and licenses outlined in these Terms on behalf of your behalf as a content creator and that you accept these Terms. User registered as the content creator can be a natural or legal person or a legally responsible partnership that performs its commercial or independent professional activity when concluding legal transactions.

2.7. Every User, not excluding Merchants and Content Creators, are liable and responsible for paying the required social fees & taxes in their home country, if required. This means that Recommend, Inc. is not bound to pay social security charges for you in US or in any other country.

3.1. One of the key aspects of Recommend's services is the constant development of the website. This development implies possible adjustments to technical and legal progress and respect for user expectations in the use of the website.

3.2. In connection with continuous development, Recommend is allowed to change the website as well as its functions without creating a defect, as long as this change is reasonable and does not jeopardize the purpose of the contract. This is especially the case when:
Changes that benefit the User;
If it is a matter of adapting services to the applicable law in order to create compliance, especially if the legal situation has changed;
If a change is required for Recommend to comply with judicial or administrative decisions;
If a change is required to close existing security gaps;
If the change is exclusively a technical or process structure without significant impact on the user;
Changes without significant impact on functions do not count towards changes in this regard. This is especially true for visual changes and simple changes in the order of functions.

3.3. Recommend informs that access to freely available functions is not guaranteed. Any restrictions can only be enforced if they are reasonable.

4.1. At Recommend, we provide a platform for merchants and content creators to post a variety of content, such as photos, videos, reels, links, and other materials, all with the goal of enhancing the shopping experience on our platform. While we retain all rights to the content that is posted on our platform, we do so with the intent of improving the overall user experience.

4.2. It's important to note that any content posted that does not comply with our content guidelines (which can be found in Bussiness Terms & Conditions & Content Creator Terms & Conditions) will be the sole responsibility of the entity that posted the content. In the event of any legal action, Recommend will not be held liable for any such content.

4.3. At Recommend, we and our content creators work together to provide a seamless shopping experience for our users. To help facilitate this, we require a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, save, modify, create derivative works, perform, and distribute your content on our platform.

4.4. This license is solely for the purpose of operating, developing, providing, and using Recommend, and is intended to help us optimize the user experience. However, this license does not limit any other legal rights that Recommend may have to your content under other licenses.

4.5. We reserve the right to remove or modify any content that we believe violates our Terms, Community Code, or any other relevant policies. If any modifications or changes are made to your content, it will always be done so with the intent of providing the best user experience possible.

4.6. Following the termination or deactivation of your account, or if you remove any Content from Recommend, we may keep your Content for a necessary period of time for backup, archival, or audit purposes. Recommend and its Merchants or Users may retain and continue to use, store, display, reproduce, re-share, and distribute any of your Content that other users have stored or shared on Recommend.

4.7. We value hearing from our users, and are always interested in learning about ways we can make Recommend more awesome. If you choose to submit comments, ideas, or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Recommend doesn’t waive any rights to use similar or related feedback previously known to Recommend, developed by its employees, or obtained from sources other than you.